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BM is in the Military - Help!

BlueWilson's picture

:? I posted this somewhere else, meaning to post here .. sorry for the confusion :/

Hello all! I am new here, and new to step-mothering as well! I have no bio kids of my own, so this is new territory for me.

Quick background: DH and I have been married and living together for over a year. We currently get about 45/55 custody split between weekends and school breaks. He has two girls, 4 and 6. His ex is in the military and is currently facing being restationed for 8 months for a school she is required to attend. We live in MD; her school is in TX.

She wants to take the girls for the school year, which would result in them being withdrawn 3-4 weeks early. That does not allow enough time for them to be re-enrolled here and finish the year when they get back; so they'd essentially lose a month of school! Not considering any other "normal" time they would miss for sick days, doctor appointments, etc.

The custody agreement is very vague when it comes to her restations; and basically says we can just "revisit" the agreement when her orders arise. Is it reasonable to expect that we could get a more stable and consistent arrangement from the court? She has REFUSED to negotiate (unless that means we agree to everything she wants) and also refuses mediation. I KNOW part of it is a money issue; she's terrible at managing finances. She doesn't want to pay the mediation fee; but I don't feel right about "bullying" her into court either!

I'm mostly concerned about the stability and consistency for the girls; and their education. I just don't see how her solution is in their best interest AT ALL!

I'm not sure what to do .. but I'm terrified she'll end up taking the girls considerably far away and our hands will be tied! Anyone have advice, or similar experience?

There are so many more issues (as I'm sure you can imagine); mostly stemming from some hatred she has developed for me (not sure why, other than the obvious "I married her ex"). She refuses to let me pick up the kids from school (they go to a school on military base and SHE has to add me to the pick up list); she refuses to acknowledge me in general; she tells the girls they don't have to listen to me; etc etc etc .. just feeling SO overwhelmed!

BlueWilson's picture

The 6yo will be in first grade. Texas requires a student to attend school for 90% of the school year to consider the grade "completed". 180 days is the school year, which means she would be allowed to miss 18 days. More than that, and she would not be allowed to advance to the next grade. She will EASILY miss more than enough days to prevent being promoted to the next grade.

Besides, how is it in the kids' best interest to relocate every 8-9 months? Regardless of how much school they do or don't miss, a different school every year would be disruptive. I understand military families make it work, but these kids have a more stable option. No one is trying to take them away from their mother; just trying to provide a little more consistency.

And DH DOES pick them up, but in the event he gets stuck at work late (which happens to all of us sometimes), she expects us to sacrifice the entire evening with the girls because I'm not allowed to pick them up (from school or from her).

doll faced sm's picture

Ok, my background is army, but I'm going to post this assuming the branches work similarly.

Any type of school is not a PCS, but rather a TDY. For TDY, the military will typically not pay for moving household goods, moving family, or for a place for the service member and family to stay. Typically, sm will be required to stay in some type of barracks where there will not be room for children, and even if there were, children are not allowed. The sm may assume these costs (moving, housing), but it is at personal expense.

Firstly, if she's so poor she can't afford mediation, how will she shoulder all this? Does she expect your DH to pay half (or all)?
Secondly, I have to agree w/ HRNYC. I understand that there are state standards, and I lived for quite a while in TX near Hood. Schools in military communities are aware of the difficulties faced by military families in terms of moves and often offer them an early out alternative that can be as much as one month (though usually is 2 weeks). The school districts in TX *do* offer this option. The school time missed as a result of taking the early out does not count against absences. So there you go! Relax. Have a mimosa. The 6 y.o. will not be held back.

BlueWilson's picture

Thanks for your input! I am "new" to the whole military situation, as I was never enlisted. DH was for several years but not anymore. Most of the issues we've dealt with in the past are usually short term - a week here or there for her to meet her ship or attend some training, etc.

I appreciate the insight on the school years; I knew SOMETHING existed to help military kids out for early withdrawals, but I'm still not very clear on how all of that works with them moving between states. We will figure it out when the time comes, I suppose.

I'm more concerned about these short term relocations for the girls. It's my understanding she will be in a temporary base housing while she's there, and she can take the kids with her. She's even mentioned having her mother move there with her to help her out with the kids since she'll be so busy studying the whole time. She's giving up her base housing here, and could potentially take orders to a completely different base once school is done.

There are just so many unknowns right now, and she refuses to communicate/cooperate or even discuss future plans, so I feel left in the dark so much. DH is more or less chomping at the bit to get a more stable agreement in place; has even offered to pay half her travel costs to come visit the girls, or send them to see her while she's away.

I just feel overwhelmed and completely out of my league.

2Tired4Drama's picture

The BM first responsibility is to attend this in-residence school and adhere to the military requirements for attendance. If the military school states that dependents are NOT authorized, then she may be ASSUMING/HOPING she can get temporary family lodging on base for 8-9 months - which will NOT be the case. Furthermore, if she thinks her mother is going to care for the children, then she has to have something official in place for that as well. Her mother just can't come and go as she pleases on base without an I.D. card. And mom can't get an I.D. card unless she is identified as an official "dependent", too. So the BM's better be financially prepared for an alternate plan that she may have to pay out of her pocket for an apartment for her, the kids and her mom. Seems to me that BM is making a lot of assumptions as to what military benefits she is authorized at this school. First thing I would do is have your DH ask for verification (a copy of her military orders) which state whether or not dependents are authorized while she is in school. If dependends are not authorized, the military has made it thus for good reason (demands of the school, lack of free time, etc.) and I would certainly bring that up as a basis for keeping kids with dad. Plus, all military members must have a dependent care plan in place for when they are deployed, etc. I would imagine that unless otherwise proscribed by law, your DH (the father) should be listed on that plan - not the BM's mother.

Even if the school DOES authorize dependents, then the issue of her mom gaining on-off base access without an I.D. is still a hurdle - which would still put them back outside the gate looking at renting an apartment. And some military schools do not permit that, either, requiring students to live on-base. But the copy of her orders would detail that.

If the divorce agreement states you can review visitation depending on her orders/reassignment/duty status, then I would say this is absolutely an occassion to do just that - and do it with full information from the military as to the type of school and whether she is authorized dependents, and the full authority of court.

BlueWilson's picture

I have long-suspected that there is a lot she is not telling us about this school. She gets very hush-hush when it comes up in conversation and we only found out by accident that she was planning to take her mother!

We have requested, and she has refused to give us a copy of her full orders. She "copy/pasted" a small excerpt stating the location and dates of the school, but that was it. We're in the process of trying to get a copy subpoened through DH's attorney, but that process takes time as well.

Oh man .. there is so much I just don't know!

2Tired4Drama's picture

With a little sleuthing of your own, you may be able to find out based on the little she's given you. If you know the specific TX military installation and what kind of school she may be attending (based on her military career -- medical, administrative, vehicle maintenance, NCO training, etc.) that would help.

You can contact the military base in TX (via their website or the "contact number" usually the public affairs office) and ask the following, "There is a course for XXX on your base on these dates. Can you please tell me if accompanied dependents are authorized for this particular training course?" See what they say! It never hurts to ask. Of course, I would have DH do the inquiring as he has a right to know as the kids bio-father.

BlueWilson's picture

I tried that once, and it led me to great disappointment.

I looked up her school on the DOD website and "found out" that the school is actually split into two phases - Phase 1 is in TX (20 weeks), and Phase 2 is in San Diego (12 weeks). Needless to say I completely freaked out (over-reacted, I'm sure); only to find out that the website info was actually outdated and she WOULD be in TX for the full 32 weeks. Granted, the only one I said anything to about it was DH; so at least I didn't make a complete idiot of myself.

I felt completely foolish and deflated after that, and have tried to keep all my sluething at a minimum ever since.

DH was in the Navy for several years, so he tends to know how these things work; hence the reason we're trying to get a copy of her FULL orders. Depending on how long that takes, he may take some more direct measures.

But he did confirm that in order for her mother to live on base, she would have to be listed as a dependant, and she wouldn't likely be able to do that; especially considering her and her mother haven't even lived in the same state in the past 10 years (assuming she's allowed to have dependents there at all).

BlueWilson's picture

If the issue were to "to ease the emotional upset that a move would cause to the children" .. why move them in the first place??!?!

Pardon my frustrations .. they are not directed at you

Thanks for the info though .. I'm not sure if DH can successfully file an injunction since they have a custody agreement that addresses her military service .. it's just very vague when it comes to these things (not to his benefit, apparently). It's definitely an option to discuss with the attorney though!

2Tired4Drama's picture

In order for an adult to be a dependent, they have to be exactly that. I believe the mother would have to prove that she could not financially or physically sustain herself. The military doesn't just add adults as dependents (other than spouses) willy-nilly - there has to be some significant, sustained reason - and believe me, it would take months and REAMS of documentation and paperwork to do that!

NCMilGal's picture

Schools are a PCS if they're a certain length. I PCSed to both of my training schools, (one 63 weeks and the other 20 weeks) and DH just went through a school PCS. (03 Aug 10 - 17 Jun 11) I sincerely doubt that your BM's school is the same one he went to (Ft Bliss/El Paso).

My MOS being what it is, I automatically think she's retraining into one of my MOSes, since my branch is HUGE in MD - but she could be medical, (San Antonio?) and that actually makes a lot of sense... What city is BM going to?

Have your DH threaten an ex parte motion if BM won't go to mediation. The girls have a stable life where they are and ripping them away, especially when BM will be so busy with school... your DH is just as if not more stable than she is. Judges, as a rule, don't like active duty military anyway. (so say our personal experiences)

SMof2Girls's picture

I changed my User Name to be more anon, but I'm the original poster.

She is medical and she's going to Fort Sam Houston for 32 weeks. "C School" is what it's called I think - but I'm not sure of specifics right now. It's all written down at home (at least what I know).

The problem is that the CO states she gets them for school years, and we revisit that agreement when she is relocated (for any reason). That's what we're banking on, but she seems to interpret the agreement to mean she can take them where ever she wants since school years are hers :/

SMof2Girls's picture

You bring up a very interesting point! The girls ARE listed as needing to be close to a major hospital (not sure what that status is called) because they both have asthma. She had it classified as something more severe a few years ago to ensure certain orders; but it has never been changed or "down graded". That's something worth looking into .. but SHE is in a medical arena, so I'm sure the medical services where she is going are sufficient :/

But great insight! Thank you Smile